The PTAB Strategies and Insights Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both...more

In June 2017, the U.S. Supreme Court in Matal v. Tam struck down as unconstitutional a provision of section 2(a) of the Lanham Act, which had permitted the U.S. Patent and Trademark Office (USPTO) to refuse to register...more

On December 15, 2017, the Court of Appeals for the Federal Circuit struck down as unconstitutional the clause within 15 U.S.C. § 1052(a) (“Section 2(a)”) banning registration of a trademark that “[c]onsists of or comprises...more

The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) has struck down the Lanham Act’s ban on the registration of “immoral” or “scandalous” trademarks as an unconstitutional restriction of free speech under...more

What is at issue in Oil States Energy Services LLC v. Greene’s Energy Group LLC? The constitutionality of inter partes review proceedings.
Originally published in Westlaw Journal Intellectual Property Magazine on November...more

It is not often that a court of law can issue a landmark opinion laden with profanity and sexual innuendos. But last Friday, the United States Court of Appeals for the Federal Circuit seized the opportunity in a colorful...more

After the Trademark Office refusing registration for immoral or scandalous marks over the past 100 years, the U.S. Court of Appeals for the Federal Circuit recently held that the provision of Section 2(a) of the U.S....more

In a November 9, 2017 decision, Justice Phelan of the Federal Court found that the Patented Medicine Prices Review Board Panel (Board) was unreasonable in its assessment that a patent ‘pertained’ to Galderma Canada’s DIFFERIN...more

The Perspectives on the PTAB Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both sides...more

On November 27, the Supreme Court will hear arguments in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. The issue is: -
Whether inter partes review, an adversarial process used by the Patent and Trademark...more

In an effort to lay the groundwork for generic entry and reduced drug prices, the non-profit group Initiative for Medicines, Access and Knowledge, Inc. (I-MAK), with the support of the Laura and John Arnold foundation, has...more

IPR Appellants Must Satisfy Article III Standing -
In Personal Audio, LLC v. Electronic Frontier Foundation, Appeal No. 2016-1123, the Federal Circuit held that standing for an appeal to a federal court is based on the...more

Sovereign immunity refers to the doctrine that the government cannot be sued without its consent. Specifically, the 11th Amendment precludes federal courts from exercising jurisdiction over states in suits brought by private...more

Using an innovative strategy, pharmaceutical company Allergan recently transferred the patents associated with the eye drug, Restasis, to the Saint Regis Mohawk Tribe, in exchange for an exclusive license back. The tribe...more

As we have previously reported, sovereign immunity of state universities (who are instruments of state government) has been used to avoid IPRs under the immunity clause of the US Constitution (“Sovereign Immunity of State...more

On June 19, 2017, the Supreme Court ruled that the longstanding federal prohibition against registering offensive trademarks is unconstitutional. The decision represents a stark departure from long prevailing U.S. judicial...more

A lot happened in 2016, including in the world of trademark jurisprudence. Last year brought several important decisions that will change the way companies and litigants approach trademark enforcement and...more

The University of Florida picked up some big wins in the NCAA Men’s Basketball Tournament, moving into the tourney’s Sweet Sixteen. But the Gators also earned a big patent dispute victory recently in Covidien LP v. University...more

“Common Sense” Alone Is Not a Sufficient Motivation to Combine References -
In In Re: Van Os, Appeal No. 2015-1975, the Federal Circuit held that the Patent Trial and Appeal Board’s reliance on intuition or common sense...more

In Covidien LP v. University of Florida Research Foundation Inc., the Patent Trial and Appeal Board (the “Board”) upheld a defense of sovereign immunity asserted by the University of Florida Research Foundation (the...more

On the eve of a change in administration, the U.S. Food and Drug Administration (FDA or the Agency) released a flurry of documents regarding off-label communications and FDA’s ability to regulate such communications within...more

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